The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24
the contractor contractors shall forfeit all pay
for any work done under such void contract.
SEC. so. This act shall take effect and he in
force from and af! er It's passage.
Approved March Sth, 1887.

AN ACT to enable the owners OF lands to drain
and reclaim them when the same cannot be
done withou; affecting the lands of Others.
Prescribing the powers and duties OF county
commissioners and other officers in the prem.
Uses. and providing for the repair and enlarge
nent OF such drains and repeating certain acts
tilercln specified, and declaring an emergency.
BE it enacted by the Legislature OF the State Of
Minnesota:
SECTION. That the board OF county commits
sionerS OF any county shall have power. Ut any
session. when the same shall be conducive To tn.
public health. convenience or welfare. or when
tue same Will be of public benefit or utility. to
cause to he constructed, rs hereinafter pro-
vlded, any ditch. drain Or water course within
said county.
SEC. .: That before the board of commission.
ers slal! establish any ditch, drain water
course, there shall be filed with the auditor of
such county petition signed bv one % or more
OF the land owners whose lands will be Ii bile to
ne alected ny, OF assessed for, the expense of
inc construction OF the same, setting forth the
necessity thereof, with a general description Of
the proposed starting point. route and terminus,
anu such petitioner or petitioners shall give a
oohd, with good and sufficient freehold sure
Ties, payable to the county, to be approved by
the auditor, conditioned to pay all expense in
case the board OF commissioners shall tail to es-
tabllsh said proposed ditch. drain or water
course; and said petitioner or petitioners shall
sioners. to whom such petition has been pre-
scented, that at least thirty (:5O) days notice
thereof has been given before the session of said
ooaru, at which such petition il to be heard, by
posting mp notices IN three % Of the most pub
nc places in each of the towns through which
s si a1'ch is proposed to he located mud cstab-
ned that all OF the foregoing conditions have
been complied with, they SHALL either at such
session OF said board, or at such other time as
may be appointed by them mot later than thirty
l3O) days thereafter), proceed to hear and de-
terlnlnc such petition: and it such board shall
determine thae the construction of such ditch
TO the public health, convenience or welfare,
they shall accept such petition and appoint
three c5 resident freeholders OF the county. not
Interested in the construction of the proposed
work. and not OF kin to any parties Intel eited
therein, as viewers. to meet 1T time and place
speched by said board, preparatory TO CONF
menclng their duties as hereinafter specified.
SEC. ). And it shall be the duty Of the aud
itor thercupon to issue to said viewers a certi-
hea copy OF the petition and order OF the board.
who shall proceed, at the time set in said order,
with surveyor, who shall be civil engineer,
and shall make All accurate survey OF the line
OF said ditch, drain or water course from, it's
source to its outlet: and they shall cause stakes
Or monuments to be set along said line, num-
bercd progressively down stream Ut each one
hundred (lOO) feet: and they shall make COM
putat1on OF the number OF cubic yards of earth
TO be excavateu and removed from said ditch.
drain or water course, between each of the one
hundred 400 foot stakes, and the estimated
cost per cubic yard for the removal thereof, and
snail sum up the total number of cubic wards
OF eartl! to be excavated and removed for the
entire length of said ditch, drain or water
course, and an estimate of the total COST OF lay
ing out, establishing and construction OF the
whole work. And they shall, in tabular form.
give the depth OF cut, width of the bottom and
width at the top. at the source. outlet. and at
each one hundred (lOO) foot stake or monument
of said ditch. drain or water course: and they
shall specify the time and manner in which the
work shall he done: and they shall have power,
where they find it necessary. to provide for rum
ming said ditch under ground. through drain
tiles or other materials as they deem best, by
specifying the size and kind OF tile other
material to be used in such underground work.
and shall estimate the cost of the same as part
n fnfn 0f fh0 And l>nll
file with their report account Of the names
OF the iah0rers and the time each was employed
by them. aud every other item of expense by
them incurred in and about said work, and shall
file their reports with the auditor. after having
subscribed and sworn TO the same
SEC. /. And the said viewers shall. in tabu-
lar form, give the names of the owners Of each
tract OF land to be benefited or damaged, the
description OF each tract benefited or damaged
lsaid names OF owners and descriptions to be
the same AS appears on the county tax dupli-
Gates Of said county,, and the total number Of
acres in each or said tracts. the estimated num-
Der of acres in each OF said tracts of land to be
benefited or damaged las the case may be and
the amount that each tract of land will be bene-
flied or damaged Ey the construction of said work.
When any ditch, established under this act.
drains. either in whole or in part, any public
or corporate road or railroad, or benefits any Of
such roads. so that the roadbcd or travelled
track OF any such road will be made better by
tho construction Of such ditch. the viewers
shall estimate the behc1its arising therefrom
to such roads, roadbeds or railroads. and report
OF benefit to each), as a part OF their tabular
statement provided for in this section; and they
shall also report the total estimated benefits and
also whether or not, in their opinion, the esti-
mated expense of the construction of such ditch,
including the damages awarded therefor. are
greater than the utility of the proposed ditch,
or that the construction OF such ditch is I'M
practicable for any reason. stating the reason
why it should not be constructed.
SEC. 5. All lands benefited by public ditch,
drain water course, aud all public or corporate
roads. or railroads, SO benefited, in whole or in
part, shall be assessed in proportion to the bene-
fits for the construction thereof, whether said
ditch passes through said lands or along or near
the line Of such roads or railroads. not, and
the viewers. in estimating the benefits to lands,
roads or railroads not traversed by said ditch,
shall rot consider what benefits such lands,
roads or railroads will receive after some other
ditch or bitches shall be constructed but only
the benefits that will be received by reason of
the construction of the public ditch, it affords
an outlet for the drainage Of such lands. roads or
railroads.
SEC G. In locating public ditch, drain or
wattr course, the viewers may vary from the
line described in the petition they deem best.
provided they commence the ditch at near the
point described in the petition, and follow down
the line therein described as practicable.
In all cases in which the route proposed is along
highways already established, the viewers shall
locate the ditch at sufficient distance from the
center of such highway as to admit of a good
road along the central line thereof; the earth
roadway as to form turnpike. and no nearer to
the margin thereof than two (2) feet: but IN
locating a drain as above the viewers shall not
materially depart from the terminal points de-
scribed in said petition: provided. that when
there is not sufficient fall in length in the route
described In the petition to drain the lands adj
the outlet named in the petition far enough not
exceeding half ls) mile. obtain sufficient
fall and outlet. And when it will not be detri-
mental 70 the usefulness OF the whole work they
shall, as far as practicable locate the ditch
division lines between lands owned by different
persons; and they shall. as tar a. practicable.
a 10vvi fha III